A fair share – Negotiating your property settlement

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This guide gives general information about the law. It does not replace the need to seek appropriate legal or financial advice.

Contacting a legal information service or advice line is not usually considered the same as having obtained independent legal advice from a lawyer.

Even if there is very little dispute, the same lawyer cannot act for both you and your former partner. To avoid a conflict of interest each of you should engage a separate lawyer.

This guide is for all married or de facto heterosexual or same-sex couples who separated on or after 1 March 2009, (or, in the case of South Australia, on or after July 2010) whether children are involved or not.

De facto couples who separated before these dates can choose to settle matters of property division or adult financial support (spousal maintenance) under their own state or territory laws or the federal Family Law Act. A lawyer can advise what path is suitable.

While the Commonwealth Family Law Act, 1975 applies across the majority of Australia, in Western Australia de facto couples remain subject to State law about property division and adult financial support. Affected couples should discuss this with their lawyer.

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The attached factsheets or other similar documents are provided on an as-is basis on behalf of the document authors. If you require any further information on the factsheets, please contact the factsheet authors, as credited on the factsheets themselves.

Categories: Property Settlement
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